June 07, 2022
A Receiver May Move to Dismiss an Involuntary Petition, but May Not Answer
Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.
7th Circuit, Illinois, Illinois Northern DistrictJune 06, 2022
Rochester Diocese Loses Stay Protection for Nondebtor Catholic Entities
After almost three years in chapter 11 without a consensual plan, Bankruptcy Judge Warren is allowing sexual abuse claimants to sue nondebtor parishes and schools.
2nd Circuit, New York, New York Western DistrictJune 06, 2022
2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court
The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.
Supreme CourtJune 03, 2022
Judge Ambro Explains the Primacy of Section 327(a) over State Ethics Rules
Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.
3rd CircuitMay 31, 2022
Supreme Court on Arbitration (Again): Perhaps Bankruptcy Is Exempt from Arbitration?
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
Supreme CourtMay 27, 2022
Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
10th Circuit, UtahMay 26, 2022
Courts Split on Committee Intervention as of Right in Adversary Proceedings
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
11th Circuit, Florida, Florida Southern DistrictMay 25, 2022
In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
9th CircuitMay 20, 2022
Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
2nd CircuitMay 17, 2022
Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
11th Circuit, Florida, Florida Southern District